(1) The competent authority may, at any time release from requisition any motor vehicle requisitioned under section 3 and shall, as far as possible, restore the motor vehicle in as good a condition as it was when possession thereof was taken, subject only to the changes caused by reasonable wear and tear.
(2) Where any motor vehicle is to be released from requisition, tne competent authority may, after such enquiry, if any, as it may in any case consider necessary to make or cause to be made, specify by order in writing to whom possession of the motor vehicle shall be given.
(3) The delivery of possession of the requisitioned motor vehicle to the person specified in the order made under sub-section (1) shall be a full discharge of the Government from all liability in respect of such motor vehicle and the requisition shall be at an end:
Provided that nothing in this section shall prejudice any rights in respect of the motor vehicle which any other person may be entitled to by due process of law to enforce against the person to whom the possession of the motor vehicle is so delivered.
4 of 1939.
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 409
(4) Where the person to whom the possession of any requisitioned motor vehicle is to be given cannot be found and has no legal agent or other person empowered to accept delivery on his behalf, the competent authority shall cause a notice declaring that the motor vehicle is released from, requisition to be published in the Official Gazette.
(5) When a notice referred to in sub-section (4) is published in the Official Gazette, the motor vehicle specified in such notice shall cease to be subject to requisition on and from the date of such publication and be deemed to have been delivered to the person entitled to possession thereof and the Government shall not be liable for any compensation or other claims in respect of the motor vehicle for any period after the said date.
5. The compensation payable in respect of requisitioning of any motor vehicle shall be the sum total of the following items:— >
(i) interest on the cost at which the owner had purchased the motor vehicle calculated in a manner and at a rate, not being below three per cent, or above six per cent, per annum, that may be prescribed for all or any class of motor vehicles:
Provided that where the motor vehicle has been obtained by the owner as a gift or its cost cannot be established by him to the satisfaction of the competent authority or its cost exceeds the current replacement price of the motor vehicle, the current price of the same motor vehicle or motor vehicle which, in the opinion of the competent authority, is substantially similar to it, shall be taken to be its cost;
(ii) an amount representing depreciation of the motor vehicle during the period of its requisition calculated at a rate not exceeding thirty per cent, per annum and in a manner that may be prescribed for all or any class of motor vehicles;
(Hi) an amount for the loss of the use of the motor vehicle or of any profits that might have been earned but for the requisition, at such percentage, not being less than three per cent, per annum," as may be prescribed of the cost referred in clause (i) above as reduced by the depreciation calculated at the same rate as for clause (ii) above in such manner and for such period as may be so prescribed;
(iv) any further amount that the Central Government may by general or special order specify:
Provided that if during the period of requisition the motor vehicle is damaged otherwise than by normal wear and tear or lost at a time when it is not insured, there shall be paid to the owner additional compensation of a sum equal to the cost of making good the damage or, in the case of a total loss, a sum equal to the compensation that may be payable if the motor vehicle is acquired on the date of the loss, such compensation being determined in the manner prescribed:
Provided further that the owner shall have the right to appeal to the Compensation Tribunal hereinafter provided, within thirty days of the receipt of the order of the competent authority assessing the compensation nr within such further period as the Tribunal may, for sufficient cause, allow, in such form and manner as may be prescribed.
Compensation for requisitioning of motor vehicles.
4 I 0 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— Compensation Tribunal.
Payment of compensation Power to require information.